Research On The Protection Path Of Commercialization Rights

In today’s increasingly developed market economy,a common choice for the dazzling array of products to attract consumers is to use well-known images.But whether the "merchandising" of a well-known image requires the permission of its creator,if so,how to regulate by legal system,and what is the positive and theoretical legitimacy of protecting the rights and interests of "merchandising" of this well-known image? These questions above have become research topics for domestic and foreign scholars,and as a new type of civil rights and interests(or phenomenon),the merchandising right has been paid a lot of attention by both theory practice fields.Countries are seeking a reasonable and effective way to regulate the right through legislation,prejudication and theories.But throughout the legislation and judicial practice of all countries around the world,the merchandising right has not yet become a universally accepted right,nor has it formed a relatively general and mature theoretical system,even its own legitimacy has been questioned by scholars.The existing studies have conducted beneficial explorations on the concept,nature,and objects of the merchandising right,and there have been many discussions on the relationship between the restrictions on merchandising rights and intellectual property rights,which helps us to have a more comprehensive understanding of this right.The merchandising right refers to the right of relevant subjects to merchandise well-known images.Based on the analysis of merchandising rights and related concepts,this paper discusses the history of its development and its relationship with the existing legal system.Furthermore,the author tries to put forward some views on the merchandising right.This author holds the opinion that the existence of merchandising right has its positive and theoretical legitimacy,and it should be protected;there might be certain limitations of the existing legal systems in regulating the new right.However,in order to prevent conflicts with the existing legal system,a realistic solution is to introduce new interpretations or expansions of Anti-unfair competition law.After the theory and practice have developed to a certain extent,the merchandising right can be considered to be integrated into the new intellectual property system as an independent right.